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JOHNSON v. BARNHILL CONTRACTING CO.

No. COA94-1223.

464 S.E.2d 313 (1995)

William Eugene JOHNSON, IV, allegedly wholly dependent adult child; Jonathan Daniel Phillips Johnson, by his guardian ad litem; William Eugene Johnson, Jr., child; Jeremy B. Dobbins, allegedly substantially dependent stepchild; and Deborah S. Johnson, alleged widow of William Eugene Johnson, III, deceased employee, Plaintiffs, v. BARNHILL CONTRACTING COMPANY, Employer; and St. Paul Fire and Marine Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

Rehearing Denied December 13, 1995.

Attorney(s) appearing for the Case

Van H. Johnson, Elizabeth City, for plaintiff-appellant Deborah S. Johnson.

Pritchett, Cooke and Burch by Stephanie B. Irvine, Windsor, for plaintiffs-appellants William E. Johnson, IV, and W.E. Johnson, Jr., guardian ad litem for Jonathan Daniel Phillips Johnson.

Maupin, Taylor, Ellis & Adams, P.A. by Winston L. Page, Jr., Raleigh, for defendants-appellees.

LEWIS, Judge.

This is a dispute over entitlement to workers' compensation death benefits and the computation of the deceased employee's average weekly wage.

William Eugene Johnson, III ("employee") died on 11 February 1993 as a result of a workplace accident that occurred while he was working for defendant Barnhill Contracting Company ("Barnhill"). Prior to working for Barnhill, he worked for Outer Banks Contractors ("OBC") as a construction supervisor from...

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